Legal

Legal Repository

Need to know a basic summary of some of the federal and state legal statutes surrounding behavioral health? Whether it's the Americans with Disabilities Act, HIPAA, regulations for sober living, or more, NBHAP has you covered. Our Legal Repository (only for NBHAP members) gets you the basics on these statutes.

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Accreditation and Certification for Opioid Use Disorders

Subject Matter: Opioid treatment programs Jurisdiction: Federal Citations: 42 CFR § 8 et seq. Summary: Federal regulations governing the accreditation and the certification and treatment standards for opioid treatment programs that provide medication assisted...

Affordable Care Act (ACA or “Obamacare”)

Subject Matter: Insurance coverage Jurisdiction: Federal Citations: 42 U.S. Code § 18001 et seq. including 42 U.S. Code § 18022 (Essential Health Benefits) Summary: Federal legislation that, among other things, mandated that mental health and addiction treatments are...

Alabama Codes Related to Substance Abuse Services

Subject Matter: Substance use disorder treatment programs Jurisdiction: Alabama Citations: AL. Admin. Code Chapter 580-9-44 (Program Operations) Summary: Alabama laws governing the certification of substance use disorder treatment facilities by the Department of...

Alaska Uniform Alcoholism and Intoxication Treatment Act

Subject Matter: Substance use disorder treatment programs Jurisdiction: Alaska Citations: 47 Ak. St. Ch. 37 Summary: Alaska laws covering substance use disorder policies in the state, including licensure standards for treatment facilities and the creation of a...

Americans with Disabilities Act (ADA)

Subject Matter: Legal protections for persons with substance use disorders Jurisdiction: Federal Citations: 28 CFR Parts 35 (title II) and 36 (title III) Summary: Federal civil rights law that prohibits discriminations against individuals with legally recognized...

Arizona Law Related to Substance Abuse Counselors

Subject Matter: Substance use disorder counselors Jurisdiction: Arizona Citations: Ariz. Rev. Stat. Ann. § 32-3321 Summary: Arizona law governing the licensure requirements for substance abuse counselors by the Board of Behavioral Health Examiners.

Arizona Laws Related to Substance Use Disorder Treatment Facilities

Subject Matter: Substance use disorder treatment programs Jurisdiction: Arizona Citations: Tit. 9 Ariz. Admin. Code Chapter 10, including R9-10-701 et seq. (Behavioral Health Residential Facilities), R9-10-1001 et seq. (Outpatient Treatment Facilities), and R9-10-1401...

Arizona Statute Related to Structured Sober Living Homes

Subject Matter: Sober living Jurisdiction: Arizona Citations: Ariz. Rev. Stat. § 11-269.18 Summary: Arizona law that allows counties to adopt ordinance standards for structured sober living homes, so long as the local laws comply with fair housing laws and the...

Arizona Statutes Related to Confidentiality of Health Records

Subject Matter: Confidentiality requirements Jurisdiction: Arizona Citations: Ariz. Rev. Stat. § 36-509 Summary: Arizona laws governing the confidentiality of health care records and the exceptions by which records can be disclosed without patient consent.

Arizona Statutes Related to Licensure of Sober Living Homes

Subject Matter: Sober living Jurisdiction: Arizona Citations: Ariz. Rev. Stat. § 36-2061 et seq. Summary: Recently passed Arizona law that requires licensure and/or certification of sober living homes operating in the state. The law also limits referrals from...

Arkansas Laws Related to Alcoholism and Drug Abuse Counselors

Subject Matter: Substance use disorder counselors Jurisdiction: Arkansas Citations: Ark. Code Ann. § 17-27-401 et seq. Summary: Arkansas laws governing the licensure and registration of alcoholism and drug abuse counselors by the State Board of Examiners of Alcoholism...

California Alcohol and Drug Program Certification Standards

Subject Matter: Substance use disorder treatment programs Jurisdiction: California Citations: AOD Certification Standards Sections 1000-20020 Summary: Licensure and certification standards from the California Department of Health Care Services, which provide...

California Codes Related to Alcohol and Drug Programs

Subject Matter: Substance use disorder treatment programs Jurisdiction: California Citations: Cal. Health & Safety Code § 11834.01 et seq. including Cal. Health & Safety Code § 11834.026 (Incidental Medical Services) Summary: California statutes that authorize...

California Confidentiality of Medical Information Act

Subject Matter: Confidentiality requirements Jurisdiction: California Citations: Cal. Civil Code § 56 et seq. Summary: California code sections governing the confidentiality of medical information, which covers individually identifiable information related to a...

California False Claims Act

Subject Matter: False claims Jurisdiction: California Citations: ACal. Gov. Code § 12650 et seq. Summary: California state law, similar to the federal False Claims Act, which prevents individuals and companies from defrauding state government programs (including...

California Insurance Frauds Prevention Act

Subject Matter: False claims Jurisdiction: California Citations: Cal. Insurance Code § 1871.7 Summary: California law authorizing qui tam actions in which individuals and private insurance companies can bring suit on behalf of the State of California for alleged...

California Regulations Related to Alcohol and Drug Programs

Subject Matter: Substance use disorder treatment programs Jurisdiction: California Citations: 9 CCR § 9000 et seq. including 9 CCR Sections 10500 et seq. (Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities) Summary: California...

Colorado Laws Related to Addiction Counselors

Subject Matter: Substance use disorder counselors Jurisdiction: Colorado Citations: Colo. Rev. Stat. Ann. § 12-43-801 et seq. Summary: Colorado laws governing the certification of addiction counselors by the State Board of Addiction Counselor Examiners and the...

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